People v. Dickerson

201 A.D.2d 400, 607 N.Y.S.2d 934, 1994 N.Y. App. Div. LEXIS 1505

Opinion

Judgment, Supreme Court, Bronx County (Max Sayah, J.), rendered March 5, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 2 years to life, unanimously affirmed.

Since the felony complaint charged defendant with criminal possession of a weapon in the second degree, and not merely the lesser included attempted crime charged in the information to which defendant pleaded guilty, we think it plain that defendant committed a violent felony offense within the meaning of Penal Law § 70.02 (1) (d), and it should make no difference that defendant’s waiver of prosecution by indictment resulted in his pleading to an information rather than an indictment. Accordingly, defendant was legally sentenced as a persistent violent felony offender. Concur — Sullivan, J. P., Ellerin, Asch and Tom, JJ.